Former Minister of Justice Raphael Kasambara has said he is a victim of “miscarriage of justice” for his conviction on charges of conspiring to murder the country’s former Budget Director Paul Mphwiyo, indicating he will lodge an appeal at the Supreme Court of Malawi.

Kasambara being taken to prison to wait for his sentence.- Photo by Mphatso Nkhoma, Nyasa Times

Sad walk to prison for Kasambara.- Photo by Mphatso Nkhoma, Nyasa Times

Pika Manondo being taken to prison- Photo by Mphatso Nkhoma, Nyasa Times

Kasambara’s wife weeping.- Photo by Mphatso Nkhoma

Kasambara was found “guilty” by Judge Michael Mtambo on conspiracy to commit murder together two others, former Malawi Defence Force (MDF) soldier Macdonald Kumwembe and businessman Pika Manondo who were charged with attempted murder.

But speaking to a battery of newspersons after his conviction, Kasambara maintained his innocence, saying his conviction is as a result of “miscarriage of justice”, pointing out that the trial judge Mtambo was “compromised”.

Kasambara said he is going to appeal to the Supreme Court against his conviction.

But prosecutor Enoch Chibwana said the Judge was “neutral and the ruling is fair”.

In his ruling, the judge indicated that on the charge of attempted murder, he had found the two accused Pika Manondo and MacDonald Kumwembe guilty of the charge.

In the second charge of conspiring to commit murder, the judge also found the two plus the former minister guilty.

Law analysis

A law expert who has been following the case and attended the judgement told Nyasa Times
that a conspiracy charge is usually brought due to a lack of evidence for a substantive offence, it is often complicated and difficult to prove.

“It must be shown that the conspirators agreed on a course of conduct involving an act or omission by at least one of them which is prohibited by the criminal law, knowing or intending that a criminal act will be taking place as part of the course of conduct or as part of the agreement.

“Even if evidence of one of the conspirators does exist, the reliability of that evidence will be open to question.”

The law expert who asked not to be identified punched some holes in the case of Kasambara and two others.

He pointed out that Judge Mtambo’as acceptance of the number of assailants lacked basis as he noted only Mphwiyo saw the said assailants.

The Judge said the first accused fits description of ‘small young man at the scene’ and the law expert pointed out that eye witness evidence is “unreliablewithout collaborating evidence.”

The lawyer also observed that Judge ruled that the passport stamps by Kumwembe is not an alibi, wondering on which ‘expert evidence’ did he rely on to prove otherwise.

He also wonders on which basis Judge Mtambo concluded that Mphwiyo never saw Manondo at the scene of crime.

Judge Mtambo in his ruling also said the call logs were not enough in the absence of further evidence and the law expert wondered what other evidence has the state provided other than the call logs which are unreliable to say the least.

“The Judge has evidently relied on call logs which did not place Kasambara anywhere near the scene of the crime. The State’s case appears to be circumstantial,” noted the law expert.

“The State has not proven its case beyond reasonable doubt. Too many holes in the State’s case. Too many unanswered questions. The defendants should appeal their conviction to Supreme Court,” he stated.

Attempted murder attracts a maximum sentence of life imprisonment, while conspiracy to murder attracts a maximum sentence of 14 years imprisonment with hard labour.

Mphwiyo was shot outside the gate of his area 43 residence on 13 September, 2013 in what many believe is what led to the uncovering of cashgate, the systematic looting of huge sums of money from government coffers by some civil servants and politicians.

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Enafe ndife mbuli pa malamulo but why is it that Kumwembe’s phone was capture in area 43 during that day when he claims (alibiing) that he was in Mozambique? Why is it that the person who he claims to have borrowed the phone distances himself from the same claim? At one point in time both Kumwembe and Manondo’s phones, immediately after the shooting travelled to Dedza, what business were they doing

Mtambo is just doing his job. Only in Malawi lawyers tend to shield one another. This should serve as an epitome to some unscrupulous lawyers that you cant run away all the days, justice will be meted in one of the days. It is not jealousy or what but the trio conspired to harm mphwiyo because of their cashgate disagreements. I find the sentiments of the lawyer commenting on the story unsubstantive, he or she just want to shield Kasambara on the matter. Let us learn to learn and not be crooked!!

Whether they are real qualifications or not it does not concern you. What you have to be schooled is that it does not need a lawyer to vouch into the veracity of the string of evidences that Mtambo used to convict the three. I was only alluding to what I have read in the story but am also conversant with what has been going on…”the factual evidence” that has been submitted to the court by both the prosecuting team and the defendants.

Reading from what people have written leaves me puzzled.in a case like this do you think there was no politician or high figure involved looking at the fact that nobody knew manondo or kumwembe before.It has been stated that manondo was a boy of kasambara.did kasambara deny this fact?no.Based on past experiences with kasambara a crooked person as he was claimed to be why were there so many phone calls around the same period in question?let these guy go to jail.they have been embarrasing the nation internationally let there be peace.Next is cash gate

Hey! Atumbuka inu khalani chete! Miscarriage of justice mumaidziwa inu? Miscarriage of justice was when Rough Ka impregnated that coloured Kanjedza girl… and walked free. Miscarriage of justice was when Rough took all his client’s cases to judge Dingiswayo Madise and won all the cases. Miscarriage of justice was when Rough was getting bribes from amwenye when he was minister of justice and attorney general. Miscarriage of justice was when Rough promised to represent cashgate convict Carol Savala, took her to Mzuzu where judge Madise (now aware that he was being watched ) declined to handle the case, F*** her,and… Read more »

Right from the beggining Mtambo showed that He was against Kasambala and I wonder though with my little learning of law this can be called a fair judgement because during cross examination of the case on number of occasion government has been failing to prove their cave now what evidence did Mtambo use

I had a time to watch and listen carefully. Here are some questions worth exploring:- 1. When was Kasambara arrested? It was in 2013 when he was PP Minister and Attorney General. Do you think the then President and others could have ill intent on him kuti amuveke chinyau basi? 2. Frequency of calls – this is solid evidence of committing a crime. Inu okwatira apa mkazi panyumba amagwira chibwezi based on the frequency of the calls/SMSs and time the calls/SMSs. The trio has failed to tell the court why they were in communicado. 3. Fisi akagwa mmbuna sayankhula. Raphael… Read more »

Law Expert? Law Analysis? My foot!!!! This is a nyasatimes reporter masquerading as a law expert. That’s what reporters and editors say when they want to starch in their opinions in a story.

The State has provided unchallenged evidence to the court which is too sensitive and too early to disclose as it relates to the cashgate cases as it may pre-empt further evidence in the related cashgate cases.